SALT LAKE CITY — A federal jury has found Daggett County liable for abuses some former inmates say they suffered while incarcerated there.
After deliberating several days, the jury handed down a split verdict. It found that three former inmates — Steven Drollette, Joshua Asay and Joshua Olsen — had their constitutional rights against cruel and unusual punishment violated. The jury did not find the county liable for Dustin Porter. Altogether, the jury awarded them $352,300 for the harms.
"I think the jury has sent a strong message that violations of the Eighth Amendment are serious and that counties will be held accountable when they mistreat their prisoners," said the plaintiff's lawyer, John Mejia of the American Civil Liberties Union of Utah.
The inmates had accused their jailors of using a Taser on them as an "initiation" to their incarceration. One accused Deputy Joshua Cox of shocking inmates and promising them a case of soda should they withstand the shock for at least five seconds. The deputy was also accused of allowing a K-9 to bite two inmates.
The situation inside the jail became publicly known in 2017 when the Utah Department of Corrections abruptly pulled their inmates out of the Daggett County Jail. Then-Sheriff Jerry Jorgensen resigned as the Utah Attorney General's Office brought criminal charges against him and several deputies employed at the jail. Most took plea deals, including Sheriff Jorgensen — though court records show his was later withdrawn after it was found a judge accepted the plea but it was technically not entered as a judgment. Prosecutors opted not to pursue further charges against Jorgensen and he retired.
The civil case, brought by the ACLU on behalf of the inmates, stretched over a period of years. There were settlement talks that obviously did not result in any resolution. Earlier this month, the case went to trial. Daggett County's attorneys told FOX 13 News the jury awarded far less than what the plaintiffs originally sought.
"They asked a jury for $4 million, they asked to settle for $3 million, they got less than 1/10th of that," said Blake Hamilton, one of the county's lawyers.
Added his co-counsel, Frank Mylar: "I think sometimes it’s important to just let the jury decide. They need to say what it’s worth."
Mylar said it was wrong what one of the deputies did. Daggett County no longer maintains a jail and he said the county would still take a financial hit even with the jury awarding less than what the plaintiffs sought.
"We haven’t had a jail there since this happened so there’s no revenue coming in at all from the state or other source," he said. "It’s basically, they haven’t had a jail since 2017."
Hamilton said Daggett County would review issues that came from trial and decide whether an appeal was necessary. Outside of court, Drollette declined to comment to FOX 13 News, but Mejia said the jury's verdict still sends a message.
"As I told the jury, if we don’t uphold the Constitution by holding counties accountable then it’s not worth the paper it’s written on," he said. "What the jury did was very important today and while we’re disappointed with the split nature of what happened, we’re glad the jury got the message and sent a message loud and clear."
